this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

Select from any of the filters or enter a search term
Calendar
Calendar

Exclusive Member Content

My Health Record: Ins and outs

My Health Record: Ins and outs

0 Comments


By now, most people will have heard about the government’s My Health Record system. It is the online summary of a person’s health information that can be accessed anywhere and at any time by themselves or their healthcare providers.

The scheme has been operating for the past six years on an opt-in basis. That is, people only had a record if they signed up for one. However, starting this year, the scheme created default accounts for every Australian unless they opted out.

The My Health Record scheme has obvious potential to improve health care outcomes. Working in the medical negligence field, we can immediately think of several cases where medical mishaps and even deaths may have been avoidable if a system like this had been in operation at the time.

But it is also important that people know what they are consenting to by having a My Health Record, who may be accessing the records and for what purposes their records can be used.

The scheme also has implications for legal practitioners. For example, have you thought about:

  • The use of My Health Record data in investigating or defending a claim?
  • What the discovery obligations are around My Health Record data?
  • Whether to subpoena My Health Record data in legal proceedings, or whether to object to production of such material?
  • Who else might access the data and what record would be made of this?

Ultimately, although the My Health Record scheme has potential to improve health care outcomes, legal practitioners will need to take the time to become familiar with the system and consider the risks and opportunities for our clients.

 

Amy Johnstone, Associate, Maurice Blackburn Lawyers.

 

Amy will be speaking more about how the My Health Record may impact you and your clients at the LIV’s upcoming Personal Injury Intensive, 22 March. For more information and to register see here.


Views expressed on liv.asn.au (Website) are not necessarily endorsed by the Law Institute of Victoria Ltd (LIV).

The information, including statements, opinions, documents and materials contained on the Website (Website Content) is for general information purposes only. The Website Content does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Website Content is at your own risk.

To the maximum extent permitted by law, the LIV excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the Website Content and the use or performance of the Website except to the extent that the loss or damage is directly caused by the LIV’s fraud or wilful misconduct.

Be the first to comment